2022 ONLAT 20-010160/AABS | 2022 CanLII 65660 (ON LAT)
Licence Appeal Tribunal – Automobile Accident Benefits Service | File No. 20-010160/AABS | Date: 2022-07-14 | Hearing: Written submissions | Adjudicator: Tanjoyt Deol
PSR Role: symptom validity testing
During an insurer psychological examination, multiple psychometric tests were administered including the Rey 15 Item Test, TOMM, SIMS, Brief Carroll Depression Scale, and the Pain Symptom Rating Scale. The PSR results fell outside normal limits on four primary validity scales, indicating significant validity concerns.
Why It Matters: The tribunal relied on the validity-testing results, including PSR findings, when determining that the applicant’s self-reporting was unreliable.
Key Holding: PSR validity scale elevations contributed to the finding that no clinically valid psychological condition could be established.
This decision examines entitlement to payment for a psychological assessment following a motor vehicle accident.
Citation
Perri v Allstate Canada, 2022 ONLAT 20-010160/AABS, 2022 CanLII 65660 (ON LAT).
Background
The applicant sought payment for a psychological assessment following a motor vehicle accident in October 2018.
The insurer denied the request and relied on insurer examination reports.
Psychological Testing
The insurer psychological assessor administered several psychometric tests including the Rey 15 Item Test, TOMM Test, SIMS Test, Brief Carroll Depression Scale and the Pain Symptom Rating Scale.
Role of Pain Symptom Rating Scale
The PSR results fell outside normal limits on four primary validity scales.
These results indicated exaggeration and raised serious concerns about the reliability of the applicant’s self-reporting.
Tribunal Findings
The adjudicator preferred the insurer examination evidence and concluded that no clinically valid psychological impairment could be established.
Quoted Passages
PSR validity scales
On the Pain Symptom Rating Scale, the applicant’s score fell outside of normal limits on four primary validity scales.
para. 19
Issues
Entitlement to payment for a psychological assessment: Denied
Award for unreasonable withholding of benefits: Denied
Interest on overdue benefits: Denied
Findings
Result Summary: The tribunal dismissed the application and found that the applicant failed to demonstrate that the requested psychological assessment was reasonable and necessary.
PSR-Related Finding: PSR validity scales were elevated and supported concerns about exaggeration and unreliable self-reporting.
Quoted Outcome: On the Pain Symptom Rating Scale, the applicant’s score fell outside of normal limits on four primary validity scales.